In Oregon, a first-time DUII charge typically allows you to enter the drunk driving diversion program. There are diversion classes available in Portland, Clackamas County, and Washington County. A DUI lawyer in Portland can help you determine if you meet the eligibility requirements. If you enter the DUI diversion program, you have to complete the Portland Victim Impact Panel as well as be evaluated for alcohol treatment and follow through with the classes as recommended.

If you have additional charges, you will want to ensure that your DUI lawyer has experience with complex cases. If you enter diversion, you may give up the right to have a DUI lawyer work to have your charges dismissed together. Arnold Law’s DUI attorneys serving Portland aim to investigate clients’ cases to determine if there were any issues with the roadside testing or evidence collection that could potentially result in the dismissal of charges.

If you are looking for a DUI lawyer in Portland, ask about their relationship with investigators and expert witnesses. The strategy that a DUI lawyer uses in court can affect the outcome of your case. An Arnold Law DUI attorney, working for Portland clients, can draw from the experience of the entire Arnold Law team statewide.

Portland DUII Trial Lawyers

If you are not diversion eligible due to an injury or death or because you are a repeat DUII offender (2nd, 3rd, or 4th DUII), you need to try to hire the best DUI trial lawyer. Arnold Law tries cases and we fight hard. In every case our goal is powerful advocacy with proven results.

You are only eligible under Oregon’s diversion law (ORS 813.215) if you do not have a DUII or a prior diversion on your record in the last 15 years (or a controlled substances program similar to diversion treatment). Another factor in Oregon DUII diversion eligibility is to not have had an accident in the current case that inured someone other than yourself. A DUI lawyer can help you evaluate past and present charges that may affect eligibility.

The most unjust rule for diversion is that you must not have an Oregon commercial driver’s license. We aren’t just talking about driving a work truck but actually driving your personal vehicle after hours. There are some other qualifications as well, but what you see above are the most common reasons people cannot apply for diversion, even with the help of a DUI lawyer in Portland.

[The “HGN” Test]

A controlled substances DUII is eligible for DUII diversion like an alcohol DUII.

The first step to a drunk driving diversion class entry is to fill out the diversion paperwork and get it filed within thirty days from the date of your arraignment.

Once the court accepts your guilty plea, the plea is put into a lockbox of sorts and then thrown away if you successfully complete diversion. If you fail, it is taken back out and you are sentenced to a minimum of two days in jail or 80 hours of community service work. Your license would also be suspended for one year, you would be fined, and you now have to complete the alcohol treatment as a condition of probation.

One common way to fail Oregon diversion is by drinking alcohol. There is a mandatory ignition interlock that can detect if you drink and drive but the scientific validity is questionable and a DUI lawyer may be able to help you file a motion if you have an objection to the results.

As of January 1, 2016, the fee of $386 for DUI diversion may be paid in monthly payments but has to be completely satisfied within the 365-day period of the diversion program. Other Oregon diversion rules include completing an alcohol or drug diagnostic assessment, the Victim Impact Panel and the alcohol treatment group classes that you must attend every week.

For more information on how to protect your rights and decide if you should enter the diversion program, call Portland drunk driving attorneys at 541-338-9111 or chat with a representative right now (to the right).